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IVF Benefits: LePage v. Center for Reproductive Medicine, Legal Implications and Next Steps for Plan Sponsors

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Thursday, June 20, 2024

Recorded event now available

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This CLE webinar will provide an update in light of the recent Alabama Supreme Court ruling in LePage v. Center for Reproductive Medicine and the implications for companies operating in the IVF industry, including for plan sponsors. The panel will discuss the court's ruling, subsequent legislative proposals, and the litigation landscape for IVF post-LePage, and for plan sponsors, the definition of "medical care" under the Internal Revenue Code and ensuring tax-advantaged medical expense treatment under a plan, as well as other potential benefits considerations.

Description

Reproductive health is a component of healthcare and benefits, with health care providers offering a variety of Assistive Reproductive Technologies (“ART”), including in vitro fertilization (“IVF”), and other companies developing mechanisms for coverage for their employees. The Alabama Supreme Court's recent ruling in LePage v. Center for Reproductive Medicine presents new considerations for those operating in the ART/IVF space as well as inclusion of such coverage in health plans. In-house counsel and employee benefits counsel and plan sponsors should understand the impact of this ruling and its potential impacts on the ART/IVF industry as well as health plan coverage and administration.

In the latest wave of post-Dobbs rulings, the Alabama Supreme Court ruled on the characterization of frozen embryos under state law. The decision was reported to have restricted access to reproductive healthcare, leading some employers to consider other options for Alabama employees.

Companies that provide ART, including IVF, should be aware of this ruling when providing ART/IVF services, and employee benefits counsel and plan sponsors must as well as when structuring health plans and the inclusion of IVF benefits and available options for impacted employees.

Listen as our panel discusses the court's ruling, subsequent legislative proposals, and the litigation landscape for IVF post-LePage, and for plan sponsors, the definition of "medical care" under the Internal Revenue Code, ensuring tax-advantaged medical expense treatment under a plan, and other potential benefits considerations.

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Outline

  1. Background on IVF/ART
  2. LePage v. Center for Reproductive Medicine
  3. Alabama Legislature’s Response to LePage and Other Legislative Proposals
  4. IVF Litigation
  5. Impact on IVF treatments for health plans and plan sponsors
  6. Key issues for IVF coverage and health plan design
  7. Best practices and next steps for plan sponsors

Benefits

The panel will discuss these and other critical issues:

  • What are the claims and holding of LePage v. Center for Reproductive Medicine?
  • What new legislation was proposed or adopted following LePage?
  • How might the ruling affect IVF litigation?
  • What is the future of IVF and the IVF legal landscape?
  • What is the impact of the Alabama Supreme Court ruling on IVF benefits in health plans?
  • How does the ruling impact health plan design and IVF coverage for those seeking options for employees?
  • What are next steps for plan sponsors and administrators in light of the court's decision?

Faculty

Becker, Julie
Julie Becker

Senior Managing Associate
Sidley Austin

Ms. Becker's practice focuses on the defense of companies in products liability and class action matters in both...  |  Read More

Chiarello, Elizabeth
Elizabeth M. Chiarello

Partner
Sidley Austin

Ms. Chiarello is a nationally recognized lawyer with nearly two decades of experience handling mass tort, toxic tort,...  |  Read More

Downs, Tiffany
Tiffany D. Downs

Partner
FordHarrison

Ms. Downs advises and assists plan administrators and fiduciaries with the design, drafting and administration of...  |  Read More

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